You may have recently heard about the new ruling in Massachusetts dealing with “upskirt” photos. According to the judge, under the state’s current laws as the victims are in public and not nude, so taking photos of them, with or without their permission, is technically legal. While this is interesting news for the legal community and the public at large, it’s not something that affects California. Upskirt photography is already illegal in our state under the state’s disorderly conduct law.
What is an “Upskirt Photo?”
Upskirt photos and videos are those taken of a person’s genitals without their knowledge -often in a public place. While most people believe this is automatically a crime as it is violation of a person’s privacy, the fact is that, as the Massachusetts judge decreed, you are allowed to take pictures of people in public places, as protected by your First Amendment right.
Taking photos of someone’s genitals without their knowledge isn’t a First Amendment right, but unless the state has a law preventing this specific kind of behavior, it is legal. In Massachusetts, the ruling led legislators to immediately take action to write a law banning upskirt photography, but in California, there is no rush to write up such a law. That’s not because our legislators believe it is OK to shoot up someone’s clothing without their knowledge. Instead, it’s actually because our disorderly conduct laws prohibit such behavior already, by banning the use of an electronic device to view through or under a person’s clothing without his or her consent.
In California, Upskirt Photography is a Misdemeanor
California state Penal Code 647 (PC) covers a wide variety of behaviors, including prostitution, public intoxication, panhandling, loitering and more. Upskirt photography falls under 647(j) (PC), known as the criminal invasion of privacy, which prohibits spying on someone in a private room or under their clothing using a device like a camera (including cell phone cameras), video camera, binoculars or telescope.
This crime is a misdemeanor, punishable by up to six months in jail and a fine of $1,000. It’s worth mentioning that anyone accused of sharing these images with others can also be charged with the state’s revenge porn law, 647(j)(4) (PC) which is technically a subsection of the greater criminal invasion of privacy statute. Under this law, if a person shares a sexually explicit image of another person without their consent and causes the victim emotional distress, the defendant can face 6 months in jail and $1,000 in fines.
Prosecutors in San Diego take these types of charges very seriously because of the psychological harm these crimes can do to the victims. They are quick to file charges for both upskirt photography under 647(j) and revenge pornography under 647(j)(4).
You Can Fight Upskirt Photo Charges in San Diego
While this charge is only a misdemeanor, it still can result in a sentence of up to one year in jail and a $2,000 fine. So if you’re into these kinds of images, you might consider looking for them online rather than taking them yourself. Otherwise, you might just need a defense attorney like Peter M. Liss to help you fight criminal charges. You can schedule a free initial consultation by calling (760) 643-4050.
Creative Commons Image by J. Lightning
